1. General Provisions

Welcome to Konfidence AI, a service provided by Innovationera Pty Ltd (referred to as "we," "us," or "our"). By accessing or using our app or website, you agree to comply with these Terms of Service ("Terms"). These Terms govern your use of Konfidence AI, including all features, functionalities, and services provided through the app.
If you do not agree to these Terms, you may not access or use Konfidence AI. We reserve the right to update or modify these Terms at any time. Your continued use of the service following any changes constitutes your acceptance of the revised Terms.

2. User Eligibility

To access and use Konfidence AI:

• You must be at least 18 years of age.

• You must not be restricted or prohibited by law from using our services in your jurisdiction.

• You agree to provide accurate and complete information during registration and update it as necessary to ensure its accuracy.

Konfidence AI is not intended for users under the age of 18. By using the app, you confirm that you meet this eligibility requirement.

3. User Rights

As a user of Konfidence AI, you are entitled to the following rights:

1. Access to Services:
   You have the right to access and use the Konfidence AI app and its features in accordance with these Terms of Service.

2. Data Privacy and Security:
   You have the right to have your personal data handled securely and in compliance with our Privacy Policy. This includes the ability to view, modify, or delete your personal data.

3. Account Deletion:
   You may delete your account at any time, either through the app settings or by contacting our support team at info@konfidence.ai. Upon deletion:

   • All associated personal data, such as email and performance analytics, will be permanently removed from our servers.

   • Financial transactional data will be retained solely for compliance with legal and regulatory requirements.

4. Transparency in AI Usage:
   You have the right to be informed about how Konfidence AI uses artificial intelligence to analyze your interview responses. This includes understanding the limitations of AI-generated insights as outlined in our Privacy Policy.

5. Support and Feedback:
   You have the right to contact our support team for assistance or to provide feedback on the app. We value user input and use it to improve our services.
    

4. Account Registration and Security

To access certain features of Konfidence AI, you may be required to register an account by providing your email address and other requested information. By creating an account, you agree to:

• Maintain the confidentiality of your login credentials.

• Notify us immediately if you suspect unauthorized access to your account.

• Be solely responsible for all activities conducted through your account.

Failure to comply with these requirements may result in suspension or termination of your account.

5. Usage Rights and Restrictions

Subject to these Terms, Konfidence AI grants you a limited, non-exclusive, non-transferable, and revocable license to use the app for personal, non-commercial purposes. You agree to:

• Use the app in accordance with all applicable laws and regulations.

• Refrain from using the app to engage in unlawful, abusive, or disruptive activities.

• Avoid reverse engineering, decompiling, or attempting to extract the app's source code.

We reserve the right to suspend or terminate access if you violate these Terms or misuse the app in any way.

6. Payment Terms

Konfidence AI operates on a free-access model with optional contributions for unlimited access.

• Users may choose to contribute $9.99, $19.99, or $49.99 to unlock unlimited credits (subject to fair use policy).

• Payments are processed through third-party app store platforms, including Apple App Store and Google Play Store.

• All contributions are considered final and non-refundable except where required by law.

By making a payment, you agree to the terms and conditions of the respective app store’s payment system.

7. Fair Use Policy

While Konfidence AI provides unlimited access after a contribution, usage is subject to a Fair Use Policy to ensure equitable access for all users.

• Daily Credit Cap: The free version includes 3 practice credits per day, refreshed daily.

• Unlimited Access: Users who contribute may use up to 500 credits under the Fair Use Policy.

• Excessive Usage: If usage exceeds the Fair Use Policy limits, we reserve the right to suspend or review the account to prevent misuse.

This policy ensures a high-quality experience for all users and protects the integrity of our platform.

8. User-Generated Content

Konfidence AI allows users to generate and review practice interview responses, including video recordings and AI-generated feedback. By using the app, you agree that:

• Ownership: You retain ownership of any content you generate or upload, including video recordings and responses.

• Responsibility: You are solely responsible for the accuracy, legality, and appropriateness of the content you generate.

• Restrictions: You will not upload or generate any content that is unlawful, offensive, defamatory, or infringes on the rights of others.

Konfidence AI does not store video recordings; these remain solely on your device. Performance data and AI analysis are stored securely to provide continuous feedback and insights.

9. Data Privacy

We are committed to protecting your privacy. Konfidence AI collects only the data necessary to provide app functionality, as outlined in our Privacy Policy. Key points include:

• Collected Data: Your email address, education level, industry, work experience, and practice feedback are stored on secure servers. Video data is processed and stored only on your device.

• Third-Party Services: We utilize Google Firebase and OpenAI APIs for data processing and analysis. These services are bound by their own privacy policies.

• No Tracking: Konfidence AI does not use cookies, analytics, or behavioral tracking tools.

By using the app, you consent to the collection and processing of data as outlined in the Privacy Policy.

10. AI Limitations and Disclaimers

Konfidence AI leverages advanced AI technologies, including ChatGPT, to provide analysis and feedback. However, users should be aware of the following limitations:

• Guidance, Not Guarantees: Feedback provided by the app is for informational purposes only and does not guarantee interview success.

• Potential Bias: AI-generated insights are based on algorithms and may not always reflect individual circumstances or account for cultural nuances.

• User Discretion: Users are encouraged to critically evaluate the feedback and use it as a supplementary tool for interview preparation.

Konfidence AI disclaims any liability for decisions made based on AI-generated insights.

11. Third-Party Services

Konfidence AI integrates third-party platforms to enhance functionality. By using the app, you acknowledge and agree to the following:

• Payment Systems: Payments are processed through Apple App Store and Google Play Store, subject to their respective terms and conditions. Konfidence AI does not store or process payment information directly.

• Cloud Services: Data storage and processing utilize Google Firebase. Speech and tone analysis are supported through OpenAI APIs. These services are governed by their respective privacy and usage policies.

• Limited Control: Konfidence AI is not liable for any issues, breaches, or service interruptions caused by third-party platforms.

It is the user’s responsibility to review and understand the terms and policies of these third-party services.

12. Limitation of Liability

To the maximum extent permitted by law:

• Konfidence AI and its parent company, Innovationera Pty Ltd, disclaim all liability for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the app.

• Konfidence AI is provided “as is” and “as available,” without any warranties, express or implied, including but not limited to fitness for a particular purpose or accuracy of AI-generated insights.

• Users are solely responsible for the outcomes of their interview preparation and decisions made based on app feedback.

This limitation applies even if Konfidence AI has been advised of the possibility of such damages.

13. Dispute Resolution

All disputes arising from or related to these Terms of Service will be governed by the laws of Australia. By using the app, you agree to:

• Jurisdiction: Submit to the exclusive jurisdiction of the courts located in Perth, Western Australia.

• Arbitration: Attempt to resolve disputes through arbitration before initiating formal legal proceedings. The arbitration process will be conducted in accordance with Australian laws.

Nothing in this section limits Konfidence AI’s right to seek injunctive relief or enforce its rights under applicable laws.

14. Termination

Konfidence AI reserves the right to terminate or suspend your access to the app at its sole discretion, with or without notice, for any of the following reasons:

• Violation of Terms: If you breach any provision of these Terms of Service.

• Misuse of the App: Engaging in activities that contravene the intended use of the app, such as automated usage or excessive account creation.

• Legal or Technical Reasons: In response to applicable legal requirements or technical challenges.

• Data Deletion: Upon termination of your account, all associated personal data will be deleted, except financial records retained for legal compliance. Please refer to our Privacy Policy for detailed information.

Upon termination, your right to use the app ceases immediately, and any associated data may no longer be accessible.

15. Modifications to Terms

Konfidence AI reserves the right to amend these Terms of Service at any time. Changes will be effective upon posting the updated terms within the app or on the official website.

• Users are encouraged to review the Terms periodically to stay informed of any updates.

• Continued use of the app after changes are implemented constitutes acceptance of the revised terms.
   

16. General Provisions
 

• Entire Agreement: These Terms, along with the Privacy Policy and any additional agreements referenced herein, constitute the entire agreement between you and Innovationera Pty Ltd concerning the app.

• No Waiver: Failure by Konfidence AI to enforce any provision of these Terms does not constitute a waiver of its rights.

• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

• Assignment: You may not assign or transfer these Terms or your rights under them without prior written consent. Konfidence AI reserves the right to assign or transfer its obligations under these Terms without restriction.
   

17. Contact Information

For inquiries or assistance regarding these Terms of Service, please contact:

• Email: info@konfidence.ai